A 20-year-old Bequia man who drove a vehicle while holding a suspended driver’s licence will spend the next four months in jail after the court determined that he was not remorseful for his action.
The term of imprisonment, as well as fines of EC$3,750 were imposed on Calvin Miller at the Serious Offences Court on Wednesday.
The man had pleaded guilty to a charge that, on the same day, Jan. 10, at the Port Elizabeth Public Road, he drove motor vehicle PM587 while being disqualified from holding or obtaining a driver’s licence.
He further pleaded guilty to a charge that on the same day, he used the said vehicle without a policy of insurance being in place.
The court heard that about 7:50 a.m., PC Bobb was on Traffic duty at the Bequia Wharf when he saw Miller park the vehicle outside the Bequia Tourism Office.
Miller exited the vehicle, went to the back and opened the trunk.
Bobb, knowing that Miller had been disqualified from holding a driver’s licence, went to the vehicle and asked him why he was driving while being disqualified.
“Yes. I know,” Miller responded.
He was taken to the Port Elizabeth Police Station where he was charged.
In mitigation, defence counsel Ashelle Morgan told the court that Miller had dropped out of school when he was 15 to help his mother, a vegetable vendor.
She said that it is partly because of this trade that he had found himself in that predicament.
Morgan said that given Miller’s youth and lack of any other serious convictions, he has good prospects for rehabilitation.
She said her client was clearly remorseful and had not wasted the court’s time.
She implored the court to impose a fine, adding that precedent had been set in that another man on the same charge who appeared in court that day had had a fine imposed on him.
However, Senior Prosecutor Adolphus Delplesche observed that each case must also be determined on its own merit.
He said that the accused man had displayed contempt in his response to the arresting officer, adding that he had not shown any remorse in court.
However, Chief Magistrate Rechanne Browne-Matthias, while commending the counsel on her “sterling” mitigation, said there was nothing in the defendant’s demeanour that suggested remorse.
She further said that when the police, in regard to his suspended licence, questioned Miller, he just said, “Yes. I know.”
The magistrate was critical of the man’s decision to drop out of school and said parents have to do better, in that even if their children are not academically-inclined, they should be made to learn a skill.
She stood the matter down for a while to consider sentencing.
When Miller was called back to the dock over an hour later, the chief magistrate said she wanted to highlight the gravity of the matter by reading from the relevant law under which the man was charged.
She noted that he could be fined up to EC$5,000 and sentenced to six months imprisonment.
Browne-Matthias further reiterated that while Morgan’s mitigation was Sterling, her client had shown no remorse.
She said that in that vein, he was in contempt of court and further noted that Miller had driven the vehicle at the instruction of his mother.
For driving while being disqualified from holding a licence, Miller was jailed for four months and fined EC$3,000 to be paid forthwith or face four months’ imprisonment.
He was further ordered to pay EC$750 by Jan. 31, 2018 for driving the vehicle without a policy of insurance.
The magistrate said that had it not been for the “sterling” mitigation of his lawyer, his penalties would have been worse.
SVG kangaroo court. The man pleaded guilty!!! Guilty means taking responsibility for ones action….A traffic violation get you 4 months in prison? The PM need to get some new magistrate because the absurdity continues.
The lawyers in SVG must be the worst there is…..
this is absolute ludicrous
He is not a “Bequia Man” A vendor from Mainland St. Vincent… Please state some sort of facts
Exactly he from Richland park.
Here is another case where I really do not understand two-sideness of the justice system in the SVG. In my opinion, this case shows bias on the part of the Magistrate. Each case must be determined on its own merit. However, if there are precedents set in similar cases where the accused were only fined, and where there are no further mitigating circumstance, then the court should apply similar penalty. There cannot be one set of rules for one set of people and other set for another. What is the level or measure of remorsefulness that a person must exhibit under the law to deem satisfactory to the court? The young man pleaded guilty to the charge. He did not resist arrest or any other mitigating circumstance for the Magistrate to consider further penalty. Therefore, being remorseful in such a case should not have been considered a mitigating factor for sending this poor fellow to prison. The high fines I agreed with, but the prison term is completely unfair. I would appeal the prison conviction!
Insults ,threats and any punishable must follow the right stipulated guidlines in our Christian society. What’s becoming of Blessed St. Vincent the Gem of the Caribbean?
I wanna know something. Which has more negative and devastating impact on St. Vincent and the grenadines?
1: Recent surge in Murders which are most unsolved or pending?
2: Model Hurling insults at Prime Minister’s son’s wife and being sent for psychiatric evaluation?
Come onn my fellow citizens, we must Unite, wake up, and make St.Vincent, stronger, safer, and more productive for the men and women of the future. God bless the land of my Birth !!
It doesnt matter dont blame the court because he drive and kill one of your child while going to school same persons here going want him get more jail time. Let him go sit and think about his action because some sad thing could have happen that day and you have to do these things so others can learn we!!